Tuesday, March 26, 2013

Separate Property Can Become Marital Property Simply if the Other Spouse’s Contribution of Income to the Marriage

Husband and Wife were divorced.
Wife was awarded half of the equity in a ranch and adjoining property
that Husband inherited and paid for with inherited money. In the time leading up to trial, Husband went
through 3 attorneys and file a motion to recuse the judge in order to extend
the time until trial. The trial court
found that he violated rule 11. Husband
appealed the property distribution and the Rule 11 findings.

The Court of Appeals declined to disturb the trial court’s finding
that Wife contributed to the maintenance of the ranch and that Wife’s parents
loaned the parties money to cover their needs and allow them to purchase the
additional land and maintain the ranch.
As to the classification of the adjoining property as marital property,
Husband failed to properly marshal the evidence and as such, the Court refused
to overturn the trial court’s decision.
Further, because of Wife’s contribution of income and contributions to
the ranch, it was not an abuse of discretion to award her 50% of the value of
the premarital property. However, the
Court found that the Ranch could not be ordered sold because it was already
sold. The Court affirmed the trial court’s
division of the value and remanded the issue to determine Wife’s remedy.

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